Georgia § 52-3-5 - Exercise of power of eminent domain.

Full text of Georgia Official Code of Georgia Annotated § 52-3-5 — Exercise of power of eminent domain., with citation guidance and answers to common questions.

§ 52-3-5. Exercise of power of eminent domain.

If for any reason the Department of Transportation is unable to secure any such property or rights required by the United States government for the construction and maintenance of the intracoastal waterway from the Savannah River to Cumberland Sound by voluntary agreement with the owner or owners thereof on terms and conditions satisfactory to it, the department is vested with the power to condemn the same and in so doing to employ the way, means, method, and procedure of Chapter 2 of Title 22 and Article 6 of Chapter 3 of Title 22, relating to the acquisition of property by condemnation on the part of the State of Georgia and of the United States; and in all instances any general and specific benefits to the owner or owners of such property or lands shall be offset against any damages to such property or lands. When the easement or property is thus acquired, a deed shall be executed conveying it to the United States. All easements granted under the authority of this Code section shall be approved by the State Transportation Board and shall be executed by the commissioner of transportation. (Ga. L. 1939, p. 331, § 2; Ga. L. 1981, p. 1017, § 1.)

Source: official Georgia text · Last verified 2026-08-27

Frequently Asked Questions About Georgia § 52-3-5

What does Official Code of Georgia Annotated § 52-3-5 cover?

Section 52-3-5 ("Exercise of power of eminent domain.") is part of the Official Code of Georgia Annotated, the codified statutory law of Georgia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Georgia § 52-3-5?

A common citation format is "Official Code of Georgia Annotated § 52-3-5" (Georgia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Georgia law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Georgia official source linked on this page or consult a licensed Georgia attorney.

How does Georgia § 52-3-5 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Georgia can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Georgia.